Practice and Procedure

R (on the application of AITOUARET) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2010)

PUBLISHED October 29, 2010
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[2010] EWHC 3136 (Admin)

There could not be duality of detention of a foreign national under immigration detention and a sentence of imprisonment. The power to detain under the UK Borders Act 2007 s.36(1), pending a decision on deportation, would arise when and only when the prisoner had served the period of imprisonment.

QBD (Admin) (Judge Michael Kay QC)

29/10/2010

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